Orissa High Court
Divisional Manager vs Chhachindra Jena And Others on 6 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.979 of 2019
Divisional Manager, National
Insurance Company Ltd. .... Appellant
Mr. Subrat Satpathy, Advocate
-versus-
Chhachindra Jena and Others .... Respondents
Mr. Sujit Sen, counsel for Respondents 1&2
Mr. K.C. Nayak, counsel for Respondent No.3
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
6.12.2022
Order No.
13. 1. The matter is taken up through hybrid mode.
2. Heard Mr. S. Satpathy, learned counsel for the insurer -
Appellant, Mr. S. Sen, learned counsel for the claimant - Respondents
1 and 2 and Mr. K.C. Nayak, learned counsel for owner - Respondent
No.3.
3. Present appeal by the insurer is against the impugned judgment
dated 8th July, 2019 of the learned 4th MACT, Cuttack passed in MAC
Case No.241 of 2015/153 of 2017, wherein compensation to the tune
of Rs.19,25,276/- along with interest @ 6% per annum from the date
of filing of the claim application, i.e. 17th April, 2015 has been granted
on account of injuries sustained by the injured - claimant in the motor
vehicular accident dated 18th January, 2015.
4. The prayer for adducing additional evidence made in IA No.750
of 2021 and I.A. No.662 of 2022 by the owner - Respondent No.3 and
claimant - Respondents 1 and 2, respectively having not objected,
which are in respect of driving licence of the accused driver and
current physical disability certificate of the injured - claimant, are
allowed. Such documents filed along with those two interim
applications are taken on record.
5. I.A. No.42 of 2022 has been filed by the Appellant - insurer to
adduce the injury report and F.I.R. etc. as additional evidence. These
are the same documents already brought on record before the tribunal
under Ext.2, 3 and 4. Therefore, such prayer of the insurer is not
entertained.
6. Mr. Satpathy disputes the quantum of compensation mainly on
the ground of application of wrong multiplier and according to him,
there is no need of assessing future loss of income in absence of any
permanent disability. But such submission of Mr. Satpathy is repelled
by the claimants by way of additional evidence.
7. Therefore, keeping in view the challenges advanced regarding
quantum of compensation and considering all such grounds vis-à-vis
the current disability certificate produced by the injured-claimant, a
reduced compensation of Rs.14,50,000/- along with 6% interest is
proposed to the parties. This is agreed by Mr. Sen, learned counsel for
the claimant - Respondents and Mr. Satpathy as well as Mr. Nayak,
learned counsels for the insurer and owner respectively leave it to the
discretion of the court. Accordingly the compensation amount is fixed
to the said extent.
8. In the result the appeal is disposed of with a direction to the
Appellant - insurer to deposit the reduced compensation amount of
Rs.14,50,000/- (fourteen lakhs fifty thousand) before the tribunal
along with interest @ 6% per annum from the date of filing of the
claim application, i.e. 17th April, 2015, within a period of two months
from today; where-after the same shall be disbursed in favour of the
claimant - Respondents 1 & 2 on such terms and proportion to be
decided by the learned tribunal.
9. However, the penal interest @ 12% is waived.
10. It goes without saying that the direction of the tribunal
regarding right of recovery granted in favour of the insurer is left
undisturbed.
11. The statutory deposit made by the insurer - Appellant before
this court along with accrued interest be refunded to the Appellant on
proper application and on production of proof of deposit of the
awarded amount before the tribunal.
12. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
